Help defeat Digital Restrictions Management!

Defective by Design is a campaign of the Free Software Foundation. Will you
help us end DRM? 80% of our funding comes from individuals like you. That
allows us to be independent, serving computer users around the world, rather
than corporations and governments. Join us in continuing to battle against
Digital Restrictions Management across the web. Become an FSF Associate Member
for just $10/month, or make a donation in any amount. Thank you.

This year we've also seen some significant closures of various DRM
services -- first MSN Music, then Yahoo Music. Yahoo offered refunds
in the end, but it highlights the very real problem of DRM services
closing down. Yahoo and Microsoft aren't even going out of business,
yet they've closed DRM services. Google has done the same thing with
its video store.

From the arrest of Dmitry Sklyarov in 2001 to our protest at the Boston Public
Library earlier this year, the issue of DRM on eBooks and audiobooks is not a
new one. OverDrive continues to push DRM on library patrons and libraries.

Netflix currently offers streaming of movies at no extra charge with
many of its DVD rental plans. The streaming service, which requires
Microsoft Windows Media and Microsoft Silverlight technologies in
order to operate, uses Digital Restrictions Management technologies
to limit playback to authorized devices, such as the Netflix set top
box, Microsoft's XBOX 360 console and personal computers running
Microsoft's Windows or Apple's Mac OS X operating systems.

"With more and more consumers being effectively handcuffed by
games producers using draconian methods of DRM, we require the
government to protect our rights as consumers by investigating
this issue. We maintain that 'limited installs' and 'online
activation' are both misleading, immoral and discriminatory.

Sadly, President Bush has allowed himself and the Department of Justice to be
manipulated by the RIAA and MPAA. On October 13th, he signed the PRO-IP bill
into law, ignoring calls to veto it and pretty clear indications that the bill
was promoted using completely fabricated
statistics.

Electronic Arts (EA) and Amazon have been the targets of a justified online
rebellion the last couple weeks. The impetus for the backlash is EA's use of
Digital Restrictions Management (DRM) technology in its game Spore.

In order for any program to be installed on the iPhone, the program must be cryptographically signed. When a user attempts to install software on her iPhone, the iPhone's Digital Restrictions Management (DRM) system checks to see if Apple considers the signature on the software to be valid.

If there is no signature or if the signature is invalid, the iPhone will refuse to install the software. If the software has been modified in any way, the signature check will fail. The signature check is also tied to the user's specific device, which means that she is not permitted to transfer or copy downloaded programs directly between iPhones, and any other copying is permitted or not permitted at Apple's whim. This system of rejecting software that doesn't pass a signature check -- even when modifications to the software are legally permitted -- was made famous by TiVo, and so is called "tivoization".

Yahoo! has announced that its music store will be going offline at the
end of September, taking with it the authorization keys for any music
purchased. This appears to be something of a trend lately, with
Microsoft announcing similar plans, only to go back on its original
plans a few days later.

As Ars Technica puts it, "The bad dream of DRM
continues"
-- "Once the Yahoo store goes down and the key servers go offline,
existing tracks cannot be authorized to play on new computers."

Major League Baseball and Google Video have both pulled similar
stunts, with Google at least providing a refund for the media, but no
DRM-free replacement.

Yahoo's own Ben Patterson spoke to Michael
Spiegelman, the senior
director for Yahoo! Music, about keeping the DRM servers going, like
MSN has promised to do...

"We can't really talk to the specific numbers [in terms of cost],"
said Spiegelman, adding that Yahoo! uses a
third-party service to host its DRM license keys. "To be honest, it's
a question of whether we want to spend the money supporting DRM
tracks, versus spending that money on what people really do want
[subscription and/or DRM-free music]."

When asked about replacing any purchased, DRM'd Yahoo! Music tracks
with the equivalent DRM free tracks from Rhapsody, Spiegelman replied "We'll take
those situations in a case-by-case fashion... We will be able to help
users out who have a large number of tracks... We're not saying that
that would be an impossible option... We'll see how much of a demand
there is for it."

Take action!

Are you a Yahoo! Music customer? Contact Yahoo!
Support and
demand DRM-free replacements for all the songs you've legally
purchased.

Here is an opportunity to have some fun and get answers about the iPhone, straight from the horse's mouth, so to speak.

In every Apple retail store is a so-called "Genius Bar" -- a technical support station, the purpose of which is to offer help and support for Apple products.

You can use Apple's helpful online booking system (no registration required) to reserve time
slots at the Genius Bar. There are currently 364 Apple stores in 13 countries, giving us plenty of slots to book. Several years ago, we held a two-day, worldwide iPhone Challenge, but you can keep up the pressure by continuing to visit your local Genius Bar and giving Apple the iPhone Challenge.

Print out our handy
questionnaire
and information about how iPhone 3G restricts your freedom. If you
have access to a color printer, you can also print out some of our
snazzy iPhone flyers to hand out to people
outside the store when you're done.

Head over to your local Apple Store at your designated time. Be sure
to get a business card from your Genius first and then politely ask
them the questions. For each question, give them a score between 1 and
32, with 1 being a really bad answer, and 32 being an answer that
really showed insight into the restrictive practices of the iPhone.

The total score will be out of 160 -- the IQ level of Einstein, a
certified genius. Rate your Genius's iQ to the same score, and if they
get over 130, they're a genius -- any lower than that, and they're
screwed. Glory and infamy awaits!

If you feel your Genius did particularly well, or particularly
badly, please let us know their name, email address, and the store
address -- it'll be on their business card. We'll send prizes and
information accordingly.

Questions

Start by introducing yourself to your Genius.

"I'm from the DRM elimination crew at DefectiveByDesign.org -- I'd
like to ask you a few questions about the defects Apple has designed
into the iPhone 3G."

Why do all developers have to submit their applications to Apple before
they can be loaded onto an iPhone?

Most smartphones, including those by OpenMoko, Nokia, RIM, Palm
and even Microsoft, allow applications to come from a variety of
sources, including free software developers. Free "as in freedom"
software development requires that users and developers be able
to share and modify the source code for programs they use. iPhone
users are not permitted by Apple to share or load modified
versions of programs distributed through the App Store -- even
when a program's developer wants users to be able to do this!
Apple markets itself as empowering, alternative technology -- How
does Apple plan to support free software development?

Why does iTunes still contain so much DRM-laden music?

Services like Amazon, eMusic, Napster, Rhapsody, Play.com and
7digital are all selling music without DRM. A typical response to
this might be that Apple has no option to sell media without DRM,
but this is simply untrue. Jobs is the largest individual shareholder at
Disney, and he could insist that its films be DRM-free. Apple
should be leading the way to promote DRM-free music, but instead
is lagging behind. What is Apple doing to fix this? If it really
is the RIAA's fault, can you tell me specifically what the RIAA
said to Jobs when he asked for the ability to sell DRM-free
music?

The iPhone 3G has GPS support. How can users be sure that the GPS
cannot be used to track their position, without their permission?

When the only thing preventing the GPS from being used is
software, and the software in question is known only to Apple,
why should iPhone users trust Apple? There is a privacy
agreement, but how would I ever know that the agreement was
violated?

In 'Thoughts on Music', Steve Jobs said, "it is useful to remember
that all iPods play music that is free of any DRM and encoded in
'open' licensable formats such as MP3 and AAC".

If Jobs really wants to see open formats, why doesn't the iPhone
play Ogg Vorbis, Ogg Theora video and FLAC? These formats require
no licensing costs, and are not encumbered by patents. How does
Apple plan to support these formats in the future? Will Apple
approve applications for the App Store that support these
formats?

Last question. Why can the iPhone 3G only be activated by Apple and
AT&T?

In the United States, the Register of Copyrights has ruled that
consumers have the right to unlock their phones and switch to a
different carrier. How does Apple plan to remedy this
discrepancy?

Next steps

Give your Genius their score, your contact information (if you want)
and your handout, along with any additional feedback you have about
the defects in iPhone 3G. Thank them for their time, and quickly and
politely leave the store. Outside the store, distribute some of the
flyers and spend some time talking to people about these issues.

Let us know how it went by sending an email to
info@defectivebydesign.org with your Genius's information, score,
and your comments.

We've made two additions to the guide to DRM free living -- Rhapsody and
Naxos. Rhapsody is now offering MP3 downloads of lots of popular music,
including all the major labels.

From their website —

Experience DRM-Freedom: Rhapsody MP3s aren't
restricted by DRM. If acronyms aren't your
thing, that means; when you buy a song or album from Rhapsody you can do
whatever you want with it. Put it on your iPod or any other MP3 player,
play it on as many computers as you want, or burn it to a CD as many
times as you want.

Naxos has also moved to MP3 -- making audiobooks available in the
format, with a huge selection of contemporary and classic titles, Naxos
is a great place to get audiobooks.

What does this tell us? Well for one, Audible and iTunes are yet again, deceiving users with their DRM-laden materials. It also shows that more and more people are saying no to Digital Restrictions Management and that existing services are having to adapt to meet those demands.

Microsoft is doing some of the most creative thinking along these lines,
with something it's calling "Digital Manners Policies." According to its
patent application, DMP-enabled devices would accept broadcast "orders"
limiting capabilities. Cellphones could be remotely set to vibrate mode in
restaurants and concert halls, and be turned off on airplanes and in
hospitals. Cameras could be prohibited from taking pictures in locker rooms
and museums, and recording equipment could be disabled in theaters.
Professors finally could prevent students from texting one another during
class.

It sounds innocent enough, until Schneier pulls back the curtain to show the
real motivation behind these policies:

Don't be fooled by the scare stories of wireless devices on airplanes and
in hospitals, or visions of a world where no one is yammering loudly on
their cellphones in posh restaurants. This is really about media companies
wanting to exert their control further over your electronics. They not only
want to prevent you from surreptitiously recording movies and concerts,
they want your new television to enforce good "manners" on your computer,
and not allow it to record any programs. They want your iPod to politely
refuse to copy music a computer other than your own. They want to enforce
their legislated definition of manners: to control what you do and when you
do it, and to charge you repeatedly for the privilege whenever possible.

Consumers are objecting en masse to the idea of their own computers and
devices continuously and indiscriminately policing their activities via Digital
Restrictions Management. So it's no surprise that Microsoft is hatching plans
to soft-pedal these same restrictions under the term "manners." This is just
old wine in new bottles -- Microsoft wants another way to control your
activities.

Since they would be the patent holder, they can profit from selling this
ability to monitor and control you to others. There's no doubt that their main
customers would be the same media distribution companies who are struggling to
cripple the technology that makes them irrelevant -- technology that enables
many more artists and creators to share their works directly with the public.

Microsoft's patent abstract says:

Similar to some of the social manners honored among people, such as with
"no smoking" or "employees only" zones, "no swimming" or "no flash
photography" areas, and scenarios for "please wash your hands" or "no
talking out loud", devices may recognize and comply with analogous "device
manners" policy.

It's common for companies pedaling digital restrictions to try to find
parallels in the analog world, to make the restrictions seem familiar and
correct. But these are flawed comparisons -- no machine covers your mouth with
duct tape when you enter a "no smoking" zone just to make sure that you don't
smoke. Nobody breaks your fingers to make sure that you don't use the flash on
your camera in a museum.

Digital restrictions require you to hand over your privacy and freedom in
advance. They are inherently unsafe because people other than the intended
parties can access these mechanisms for monitoring and restricting you. They
are inherently untrustworthy because you aren't legally allowed to know what's
going on behind the scenes on the device in your pocket, including the contents
of its continuous conversation with whichever corporation it's reporting to.
The purpose of the restrictions might sound benign but their mechanism is
unacceptable -- and what these companies are actually after is acceptance of
the mechanism, so that they can then put it to other uses.

Digital Restrictions Management and "Digital Manners Policies" both use the fear
that some people might not do the right thing to justify treating everyone like
a criminal and taking away our freedom. We shouldn't accept this justification
to cripple what are otherwise incredibly useful and powerful tools for
innovation and creativity. "Digital Manners Policies" are really "Digital
Monitoring Policies," and we should refuse them.

Doctorow also points out that "[t]his amounts to private law: under Prentice's
plan, Parliament would get out of the business of making copyright law,
simply enforcing whatever copyright law the entertainment industry itself
dreamed up". Michael Geist, law professor at the University of Ottawa states,
the education provisions "[t]urn librarians into
locksmiths" by requiring
that they expire their digital materials after no more than five days.

This is an extremely troubling case, as all signs point to this being far worse
than the US's Digital Millennium Copyright Act (DMCA). Let's not forget that
Adobe under the DMCA had a Russian programmer, Dmitry Sklyarov, arrested and
imprisoned. His "crime"? Distributing a product designed to remove locks from
ebooks so that they could be fully used like regular books.

Especially given that consumers are rejecting DRMed media and moving toward
services like eMusic, Amazon MP3, Magnatune and
Jamendo, this would be a terrible law to
pass. Geist notes that "the DMCA provisions are worse than the U.S. and the
consumer exceptions riddled with limitations" -- the provisions include a potential $20,000 per infringement damage
award that could see Canadian citizens threatened with legal troubles for
uploading a snippet of a song to any video-sharing site.

Canada's excuse is that it needs the DMCA in order to comply with the 1996 WIPO
Copyright Treaty. But this is no reason at all -- We need to make it clear that an unjust treaty cannot justify a further unjust law!

What can be done? Take action!

We simply cannot let this pass.

No matter where you live in the world, if you are a copyright holder on any kind of work -- song, film, article, computer program -- please email the officials below to let them know that you do not want this law and that the people who have been demanding it do not speak for you.

If you are Canadian, please write to your MP to protest the fast-tracking of this bill.

The Canadian government needs to hear that this law is Defective by Design!

If you send an email, be sure to print it out and drop a copy in the mail (no stamp is needed -- c/o House of Commons, Ottawa, ON, K1A0A6).

Don't stop with email. Go visit. In his latest post, Doctorow suggests that
every Canadian "Take 30 minutes from your summer, to meet directly with your
MP". From late
June through much of the summer, your MP will be back in your local community
attending local events and making themselves available to meet with
constituents. Give them a call and ask for a meeting. Every MP in the country
should return to Ottawa in the fall having heard from their constituents on
this issue.

Microsoft is using DRM to prevent users from saving certain television
shows to their hard drive. Saving such streams is a normal feature
that comes with Windows Media Center, but they have locked you out of

Last night the DRM Elimination Crew attended the grand opening of Apple's new
store in Boston -- now its largest US store.

The clear glass front of the store stands in stark contrast to Apple's
unethical business practices, including using opaque Digital Restrictions
Management software to take rights away from its customers.

Microsoft is ceasing support for its MSN
Music
service. After August 31, 2008, people who have bought music from the service
will no longer be able to move that music to different computers, or even
change the operating system on their current computers.

Over the past eighteen months, the music industry has almost
universally turned its back on Digital Restrictions Management. Major
distributors like Amazon.com are marketing their music as "DRM-free
MP3 music
downloads."
and companies like emusic.com are continuing to

The CBC will be the first major North American broadcaster to release one of
its programs without Digital Restrictions Management (DRM). On top of that,
they will be using BitTorrent to distribute the program, which is "Canada's
Next Great Prime Minister".